Summary
The Court directed a five-officer CBI team to investigate specified alleged extrajudicial killings in Manipur supported by prior institutional inquiries or compensation findings. Delay and compensation did not extinguish the need for criminal investigation. It also required Union action on NHRC staffing and functioning concerns, retaining compliance monitoring.
Issues
- Which documented encounter-death cases warranted FIRs and independent investigation.
- Whether lapse of time, compensation or absence of petitions by relatives precluded investigation.
- What measures were required for effective NHRC functioning.
Provisions considered
- Section 11, Protection of Human Rights Act, 1993The obligation to make officers and staff available requires adequate support for efficient NHRC functioning. (¶ 40–44)
Held
- FIRs were directed in specified Commission, judicial/High Court and NHRC cases and the Santosh Hegde Commission cases. Pending or insufficiently documented matters received differentiated treatment; the order did not direct investigation of all 1,528 allegations indiscriminately. (¶ 3–17)
- The State could not rely on its own inaction and elapsed time to defeat inquiry. Compensation addressed loss and rehabilitation but did not replace criminal law, and public-interest access was appropriate for relatives unable to secure justice. (¶ 18–22)
- A CBI team of five officers was required because allegations against local police compromised the credibility of their investigating themselves. The team was to review the identified records, lodge necessary FIRs and complete investigations by 31 December 2017, preparing charge sheets where necessary. (¶ 23–26)
- NHRC communications and guidelines required adherence, and the Union was directed to remedy institutional concerns promptly. Constitution of State Human Rights Commissions was encouraged without an operative direction requiring every State to establish one in these petitions. (¶ 38–48)
Result
CBI Director to notify team composition within two weeks; cases retained for compliance after three weeks and in January 2018. No determination of individual criminal guilt.